public affairs eolas
Electoral reform in focus Welcomed as the “the most significant electoral reform in decades”, the Government’s Electoral Reform Bill has also come in for criticism for lacking ambition. The publication of the General Scheme of the Electoral Reform Bill 2020 in January 2021 was broadly welcomed as an evolution of the electoral system in a bid to keep pace with an evolving society. Primarily, the Bill introduces progress on the Government’s pledge within the Programme for Government to establish an Electoral Commission for Ireland, independent of government and reporting directly to the Oireachtas, by the end of 2021. The Programme for Government outlined intentions for electoral reform, including the establishment of an Electoral Commission “to provide independent oversight of elections and referendums, to inform the public about elections and referendums, to update and maintain the electoral register, and to conduct elections”. The Bill also includes provisions to modernise the electoral registration process.
Electoral Commission Proposals for an independent Electoral Commission in Ireland, centralising responsibilities currently distributed among various government departments, statutory agencies, and components of the Oireachtas, are not new. Government mandates of 2011-2016 and 2016-2020
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had also outlined plans for an Electoral Commission, but this was never implemented. The scheme, submitted for pre-legislative scrutiny to the Oireachtas Joint Committee on Local Government on 23 January, if passed into law through the Oireachtas, will see several existing statutory electoral functions, including responsibility for the registration of political parties, the work of the Referendum Commissions, Constituency Commissions and Local Electoral Area Boundary Commissions, passed to the new body. The Commission is also set to be given responsibility for regulating online advertising during election periods and given oversight of the electoral register. Additionally, the Commission will take on a public information, research, and advisory role in relation to electoral matters.
Presenting their research to the Oireachtas Committee on Local Government on 2 February, academics Theresa Reidy (UCC), Jane Suiter (DCU), and David Farrell (UCD) pointed to an opportunity for Ireland to be held out as a beacon in establishing an Electoral Commission fit for the 21st Century, but added: “It has taken nearly two decades to get to this point, which is why we believe that perhaps the most concerning aspect of the general scheme is the lack of ambition envisaged for the Commission.” The academics explained: “The scheme heavily prescribes the structures and functions of the Commission leaving little room for expansion of current election management activities, to allow for its evolution in the decades to come, and the capacity to adapt to electoral integrity challenges of the future.”
Membership of the Commission is set to include a mix of experienced public officials in the electoral system and external experts, selected via a public competitive process.
The academics point to strong detail on what functions the Electoral Commission will take over from existing bodies but points to little information on how the Commission might grow its role in the future.
While the publication of the General Scheme has been welcomed, some criticisms have been levelled at the perceived “lack of ambition” for the Commission.
“In essence, this is a static design for a dynamic environment. The initial design must have more ambition to allow the commission to grow. For us, this is the big missing piece in this document.”
